Remedies in relation to replacement or repaired items that are faulty - advice sought

[samrossuk]

If I bought a pair of headphones item in Dec 12, they came with a 2 year manufacturer’s warranty. They became faulty in July 2014. I contacted the vendor who routed me through to the manufacturer to claim under their warranty and the manufacturer then sent me a replacement item. The replacement item has now become faulty (outside of the 2 year warranty period). My question is, is a clock reset when I receive my replacement goods? Although the warranty period has expired, do I have any Sale of Goods Act remedies in relation to these replacement goods?

Thanks!

[judgemental24]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

As they were a replacement they were given to you to put you back into a position before the fault occurred.
Your contract is still with the 2012 pair , not 2014

[samrossuk]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

Thanks - however, let's assume that under the Sale of Goods act, under the limb of satisfactory quality (one of the limbs is durability), I would expect the headphones to reasonably last longer than the period between purchase and the replacement pair breaking...does that change your answer and do I then still have a claim against the seller?

[R0b]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

Well it can depend but how long did you have the replacements until they stopped working and were they brand new or refurbished?

Under the warranty side of things it might be that the manufacturer provides a warranty to replace anything that's faulty within 2 years however once that warranty has expired, your claim under the sale of goods will be against the supplier of those goods and not the manufacturer.

[des8]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

... and don't forget the onus of proof is on the consumer to show the item was faulty when purchased.

[samrossuk]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

Which is where it gets interesting - because we are talking about a faulty replacement item, which wasn't purchased... [MENTION=71570]R0b[/MENTION] All the info is in the original post, the replacement (prob a refurb) was provided in July 14 and has just become faulty.

To give the full info, the item in question is a pair of headphones. The design of the headphones is such that the ear pieces themselves (expensive part of the tech) are separate and the item that's twice been faulty is a separate iPhone volume controls cable. In July 2014 the fault was fraying by the ears (well documented on forums etc) and now the fault is that the buttons have stopped working. The controls cable is clearly a crappy piece of kit. The manufacturer is now trying to charge me £30 for an out of warranty service replacement but I think I should pay £0 because I've now had 2 cables that haven't lasted a reasonable period of time (in my view sufficient proof that both cables were faulty when obtained).

[samrossuk]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

See substantial evidence for poor quality of the cable http://www.amazon.com/Shure-CBL-M-K-.../dp/B0046HJLJO

[des8]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

As ROb suggests you would have to proceed against the seller.
If he refuses to help you have to weigh up the chances of winning, possible costs, the time and stress of going to court and proving the goods were faulty when purchased.

[samrossuk]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

Thanks Des - I understand your point but the nuance here is that we are talking about the replacement cable being faulty. This was the origin of my post, because the SOGA doesn't contemplate claims in relation to replacement items.

[R0b]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

If you wish to rely on SOGA, your claim is against the seller, not the manufacturer as the contract is between you and the seller of the goods in question. As pointed out you will have to show that the cable you were given was not of satisfactory quality and/or fit for purpose. The cable itself has lasted 14 months(ish?) taking into account this is a refurbished cable and not brand new.

Why don't you bring your action against the seller for £30 and then use that to pay for the out of warranty replacement?

[samrossuk]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

Thanks, good idea. I already understood my claim was against the seller but I just wanted clarity that I could make a SOGA claim in relation to a replacement item.

[R0b]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

I see, sorry didn't quite understand you. SOGA is not restricted in whether it applies to new, nearly new or refurbished, you have just have to show that it was not satisfactory. Obviously having a refurbished cable for 14 months before it stops working could be an uphill struggle as opposed to a brand new one. You'll have to weigh up whether it's worth the hassle going proceedings all for 30 quid.

[judgemental24]

Re: Remedies in relation to replacement or repaired items that are faulty - advice so

And i will say where the recourse is not given in statute, it is for the judiciary to interpret the will of parliament

I still say

1. You had a pair of broken head phones
2. They were replaced within the two years through manufacturers warranty
3. Your contract with the seller/ manufacturer ended after two years from purchase (2014)

I cannot see how you can make a claim for the replacement item as the contract between you has ended

Just my interpretaton but either way his is going to be more trouble than it is worth in the long run. After all you have had almost two years use on the replacement headphones